Understanding the legal procedure for eviction notices in MN is crucial for both landlords and tenants.
Both parties to a rental agreement need to know their rights and obligations during a Minnesota eviction process in order to minimize losses and avoid illegal moves.
Under Minnesota eviction laws, landlords are required to give valid notices before they can evict any tenant. Any act of force by the landlord is illegal and could result in some legal consequences.
Also, tenants are prevented from deceitfully taking over a rental unit or defaulting in paying due rent.
In summary, Minnesota eviction laws are designed to ensure a proper and balanced approach to the eviction process.
This article highlights the different types of eviction notices in MN and other legal processes associated with eviction.
Eviction Laws in the State of Minnesota
Eviction notices in MN is primarily governed by Chapter 504B of the 2023 Minnesota Statutes. It provides for the types of landlord-tenant lease and rental relationships in Minnesota. It also specifies the rights and obligations of both parties, the grounds for eviction, the types of eviction notices, and its legal procedures.
Specifically, MN Stat. § 504B.281 to MN Stat. § 504B.471 are legal provisions that cover all aspects in an eviction process, including recovery of rent, grounds for eviction, holdover eviction action, and tenant’s remedies to an eviction.
Minnesota eviction laws have been developed over the years to ensure that the rights of both landlords and tenants are adequately protected. These laws provide clear guidelines on how to initiate an eviction process, and the appropriate legal processes to use. Legal processes such as summons, pleadings, and writ of possession are essential parts of a Minnesota eviction process.
Types of Rental Agreements in Minnesota
There are six types of rental agreements commonly found in Minnesota. These include:
- Standard Residential Lease Agreement: This is a standard contract between a landlord and tenant. It contains vital information on the parties and the rental property. It also states the key terms of the contract such as the rent fee, duration of the lease, and others.
- Month-to-Month Lease Agreement: This is a lease contract that has no specific date of termination. The contract automatically renews itself at the end of each month until either party wishes to terminate it by providing adequate notice. The contract remains valid so far as the contract terms are kept.
- Sublease Agreement: This is a rental agreement between an existing tenant and a third party known as a sub-lessee. Here, the actual tenant whose rent/lease hasn’t expired, sublets the rental property to a third party with the consent of the landlord.
- Roommate Agreement: This contract is usually between two or more persons living together in one rental unit. Here, all the individuals are co-tenants in one rental unit, and they answer jointly to the landlord. The agreement usually contains living terms and obligations that all roommates must follow. The landlord usually has no part to play in this kind of arrangement.
- Commercial Lease Agreement: This is a rental agreement that leases out a commercial property such as an office space, warehouses, cafes, etc., to a “commercial tenant”. In this context, natural persons or artificial persons such as companies and private businesses can rent out commercial properties for use. This kind of agreement has a different set of terms.
- Rent-to-Own Agreement: This is a rental agreement that helps tenants become property owners. Here, the tenant has an option to buy the rental property at an agreed price in the future.
Grounds for Eviction
Minnesota eviction laws stop landlords from rashly terminating tenancy agreements without just cause. However, the law recognizes different reasons that may validate an eviction before the expiration of the tenancy agreement. These just causes are:
- Failure to Pay Rent
Generally, the type of rental agreement determines when rent is due. But, rent typically becomes due at the beginning of a new month – after the end of the rent’s duration.
Hence, if a rent is to expire after 12 months, it becomes due on the first day of the 13th month. Rent is typically considered late even if it is a day past its due date.
According to MN Stat. § 504B.177, landlords cannot impose a late fee when rent is overdue, unless it has been initially stated in the rental agreement. In case of a late fee, landlords cannot charge more than 8% of the overdue rent.
Generally, landlords don’t have to give a grace period for payment of rent. But, where the rental agreement provides for it, the landlord must honor it.
Evicting a tenant for failing to pay rent usually comes with a 14-day eviction notice. However, if the tenant should pay the rent within 14 days, the tenancy will not be terminated.
- Violation of Lease Terms
Lease terms are legally binding as they create rights and obligations for both landlords and tenants. Where a tenant violates one or more terms in a lease agreement, the landlord can issue an MN eviction notice.
According to MN Stat. § 504B.165 and MN Stat. § 504B.171, violations such as damage to rental property, engaging in illegal activities, or any other violation of the terms in the lease, are sufficient grounds for eviction.
Other examples of some lease violations are;
- Keeping or breeding pets on a non-pet property
- Subletting the rental unit without the landlord’s consent.
- Exceeding the maximum number of occupants in a rental unit.
- Failing to comply with health and safety codes
- Smoking in a non-smoking property
Note that a tenant may be allowed to repair the damage or remedy the violation of the lease terms. Where violations are remedied or cured, the tenancy will not be terminated.
But, where the breach is incurable, the tenancy will be terminated. If the lease agreement specifies a notice period, then the landlord must honor it.
- Illegal or Criminal Activity
Minnesota eviction laws permit landlords to evict tenants for engaging in illegal or criminal activity. Even harboring a criminal on a leased property is sufficient ground for eviction. This is according to MN Stat. § 504B.171.
Examples of these illegal activities include:
- Illegal possession or sale of any controlled substance on the premises
- Physical assault or threat of physical assault
- Prostitution or prostitution-related activities
- Illegal use and possession of a firearm or other weapon
- Illegal possession or harboring of stolen property
- Any other activity which would threaten the health or safety of any person or the property.
Generally, the landlord is not required to permit the tenant to remedy this type of breach.
However, a landlord may on his own volition permit a tenant to remedy this type of breach by removing all traces of involvement in illegal activity on the leased property.
The provision of the lease agreement would determine the notice period for the eviction notice.
- Health or Safety Violations
According to MN Stat. § 504B.195, a tenant may be at risk of eviction for failing to abide by the health and safety codes for residential properties.
Periodic inspections may be carried out on rental residential units to determine if they comply with health and safety codes. Consequently, tenants must ensure that the rental property is maintained such that it does not pose any health or safety risks to others.
In this case, the gravity of the health and safety violation determines if the eviction notice would be curable.
- Non-renewal or End of Lease
Where a tenant has no lease agreement with the landlord, or continues to possess the rental unit after the end of the lease term, the landlord may validly issue an eviction notice in MN against the tenant.
For a tenant with an expired lease (“holdover tenant”), the eviction notice typically extends for a period equal to the duration of the lease.
Hence, a month-to-month lease would require at least a 30-day eviction notice. A weekly tenancy would require a 7-day eviction notice. Tenancy above 10 months requires at least 6 months’ eviction notice according to MN Stat. § 504.144.
According to MN Stat. § 504B.147, Minnesota eviction notices cannot be less than the stipulated period. Also, eviction notices must first elapse before filing an eviction lawsuit. No self-help eviction is permitted whatsoever.
- Eviction for Repeat Lease Violation
Where the tenant remedies the violation of a lease term, after being served a Minnesota eviction, the tenancy will not be terminated.
However, if the tenant commits the same violation again, within six (6) months of receiving the eviction notice, it can lead to an incurable eviction.
In this case, the landlord will issue a 14-day notice stating the violation and the date of termination of the tenancy.
Types of Eviction Notices in Minnesota
Eviction notices in MN are legal documents issued by a landlord to instruct a tenant to vacate the rental property.
There are different types of eviction notices in Minnesota. These eviction notices depend on the duration of the lease and the circumstances leading to the eviction notice. They could either be eviction notices with or without cause.
These types of Minnesota eviction notices include:
Eviction Notices with Cause
Minnesota eviction laws prohibit self-help or arbitrary evictions. As such, landlords cannot easily evict tenants without cause. Knowing the cause of an eviction determines the kind of eviction notice to be issued.
Generally, landlords can legally evict tenants with cause once one or more grounds for eviction have been breached.
The primary Minnesota eviction notice with cause revolves around failure to pay rent. When this happens, the landlord may issue either a 7-day eviction notice, a 14-day eviction notice, a 30-day eviction notice, or a 6-month eviction notice. The applicable eviction notice depends on the duration of the lease; either a weekly, month-to-month, or yearly tenancy.
There is also the immediate eviction notice in MN which applies to tenants who engage in illegal activity or cause substantial threat to the health and safety of others on the property.
The types of eviction notices in Minnesota to be issued with cause include:
Eviction Notices Explained
- 7-Day Eviction Notice
A 7-day eviction notice in MN is usually issued when a tenant fails to pay rent on time, especially for a weekly tenant. After the 7-day eviction notice expires, the landlord may file an eviction lawsuit against the tenant using the prescribed eviction complaint form HOU102.
- 14-Day Eviction Notice
The 14-day eviction notice in Minnesota is mostly used to evict tenants who fail to pay rent on time.
The tenant has a grace period of 14 days to pay rent or vacate the premises. Where a tenant refuses to vacate the rental property, the landlord may file an eviction lawsuit against the tenant using the prescribed eviction complaint form HOU102 stating the grounds for his eviction complaint.
Also, this type of eviction notice applies to a tenant who serially violates the terms of the lease agreement. Where a tenant who has previously been issued an eviction notice for a lease violation, commits the same or similar violation within six (6) months, the landlord may issue this 14-day Minnesota eviction with no option to remedy the repeat violation.
- 30-Day Eviction Notice
The 30-day eviction notice in MN is used to terminate a month-to-month tenancy where the landlord does not wish to renew.
The landlord must issue an eviction notice of at least 30 days. If the tenant pays the rent within this period, the eviction notice will be invalidated.
However, where the tenant fails to pay before the notice period elapses, the landlord may file an eviction lawsuit against the tenant using the prescribed eviction complaint form HOU102 in court.
- Immediate Eviction Notice
This type of eviction notice in MN applies to tenants who engage in illegal activity or grossly violate health and safety codes.
Under Chapter 504B of the 2023 Minnesota Statutes, there is no specific notice period for tenants who engage in illegal activity or grossly violate health and safety codes.
As such, the landlord is at liberty to issue an immediate eviction notice with any grace period of his choice, per MN Stat. § 504B.171.
Where the tenant fails to vacate the property, the landlord may file an eviction lawsuit against the tenant using the prescribed eviction complaint form HOU102 in court.
- Eviction Notices without Cause
Minnesota eviction laws require landlords to have a just cause to evict a legal tenant. Where there is no just cause, the eviction notice will fail, and the landlord cannot evict the tenant.
However, there are instances where a landlord may issue an eviction notice in MN without cause. This is usually for tenancies that will not be renewed.
Where the landlord does not wish to renew a tenancy agreement, he may issue an eviction notice without cause. In this case, the landlord will terminate the tenancy agreement at the end of its term.
Typically, the duration of the eviction notice will be determined by the tenancy.
In case of an eviction notice without cause, here are the different durations that may apply:
- A week-to-week tenant – 7-day eviction notice
- A monthly tenant – 30-day notice
- A tenant of 10 months or more – at least 6 months notice.
If the tenant fails to leave the rental unit after receiving the eviction notice, the landlord may file an eviction lawsuit to remove the tenant.
Eviction Process in Minnesota
Issuance of Eviction Notice
The first step to begin a Minnesota eviction process is to serve the tenant with a Minessota eviction notice. The eviction notice must clearly state the reason for the eviction and other necessary information such as the duration of the notice, and the date the tenant must vacate the property.
Eviction notices in MN can be delivered to the tenants through the following means:
- Delivery in-person to the tenant
- Delivery via postal service to the tenant’s last known address
- Delivery via email. This can only be used when initially agreed on by the landlord and tenants.
To improve their chances in court, landlords should always have a receipt or proof of issuing an eviction notice to the tenant.
Filing an Eviction Lawsuit
Once an eviction notice has been issued, and the tenant fails to leave the rental property or remedy any stated violation on time, the landlord may proceed with filing an eviction lawsuit.
To file an eviction lawsuit, the landlord must file it at a court with jurisdiction. Typically, the appropriate court is the one with jurisdiction where the rental property is located. It could either be a district or a country court.
The Minnesota courts usually provide the eviction complaint forms for filing eviction lawsuits. The forms may be filled out online or offline, depending on party preference. Landlords are to pay the prescribed filing fees which may vary from one county, or one district court to another. The average filing fee for eviction complaints is about $285.
When filing an eviction complaint, it must include:
- The specific law under which the complaint is filed
- The facts explaining the reason for eviction and seeking recovery of the property
- A reasonably accurate description of the property
- Proof of compliance with the requirements of issuing eviction notices.
Serving the Tenant
After filing a complaint using the prescribed eviction complaint form HOU102, the court will issue a summons to the tenant, with a copy of the complaint attached.
According to MN Stat. § 504B.331, the summons may be served by an officer of the court, sheriff, or someone uninvolved with the case, through any of the following methods:
- Personal Service: The summons is delivered directly or in person to the tenant or left within close proximity if he/she refuses to receive the summons.
- Substituted Service: The summons is delivered to an adult with a substantial relationship with the tenant e.g. a family member or roommate.
- Agent Service: The summons is left with an authorized agent of the tenant e.g. a parent or guardian.
- Courier Service: A commercial courier or delivery service provider may deliver the summons to the tenant’s address.
- Mailing Service: A reputable mail service provider may be used to deliver the summons to the tenant. However, an alternative method may be used should the mailing system fail.
Where the Summons is not properly or successfully served, it must be reserved. Failure to properly serve a tenant may invalidate the entire lawsuit.
Summons are usually served within seven days before the hearing date. However, where the eviction is related to illegal activity, the summons is served within 24 hours after issuance.
Whoever is tasked with serving the summons must submit proof of service after successfully serving the summons.
In Minnesota, tenants are not required to file an answer to the complaint. However, a tenant must reply and attend the court’s hearing if he/she plans on raising a defense. To attend the court’s hearing to raise a defense, a tenant must file an appearance.
The tenant must appear in court on the hearing date stated in the summons. Where a tenant fails to make an appearance, the court may enter a default judgment against the tenant.
Court Hearing and Judgment
Eviction hearings in Minnesota usually happen between 7 to 14 days from the date of issuing the summons. After the landlord files an eviction lawsuit in the prescribed form, the court will issue a summons to the tenant.
The tenant may choose to file an answer or risk having a default judgment against him/her. If the tenant chooses to file an answer, the court will set a date for trial that is not less than 10 days and not more than 14 days after the issuance of the summons.
Where the summons is served on the tenant, the trial shall proceed whether or not the tenant replies.
During the eviction trial, both parties will have to prove their claims with strong arguments and evidence.
The landlord is tasked with the burden of proving the validity of an eviction. Documents such as a copy of the lease agreement, bank statement, a copy of the eviction notice, proof of service, receipt of any violation, witnesses of the violation, etc., would help prove a case against a tenant.
After the landlord, the tenant must prove his case. The tenant may prove his claim by showing proof of remedying any stated violation, payment of overdue rent, or rely on any of the following defenses:
Tenant Defenses
A tenant has the right to resist an eviction, where it appears unjust. Even if a landlord believes that the eviction is reasonable, a tenant may exercise specific defenses in court to resist the eviction. These defenses include:
- Self-Help Eviction: Minnesota eviction laws prohibit landlords from resorting to self-help such as turning off utilities, blocking entry, or acting in any way to frustrate the tenant out of the rental. Where a tenant can prove that the landlord has acted in self-help, the eviction lawsuit would fail.
- Failure to Issue Proper Notice: Where a landlord serves the wrong eviction notice in MN or fails to wait before filing the lawsuit, a tenant can raise this impropriety in court. As such, tenants are advised to know the appropriate Minnesota eviction for the duration of their tenancy.
- Retaliatory Eviction: If a landlord issues an eviction notice where it appears as though it is in retaliation to a tenant’s actions, the tenant may raise a defense of malicious or retaliatory eviction. In Minnesota, it is illegal for a landlord to issue an eviction notice because the tenant reported a health or safety violation, or engaged in any other legal activity which the landlord does not approve of.
- Full Payment of Rent: Where an eviction notice is based on failure to pay rent, the tenancy will not terminate if the tenant pays the rent in full before the eviction notice expires. A tenant may use this to resist an eviction where there is no other cause but failure to pay rent.
- Discrimination: Eviction based on race, religion, gender, or any other discriminatory reason, is prohibited in Minnesota. A tenant may raise this defense and show proof that the eviction is based on discriminatory reasons, and successfully resist the eviction.
- Holdover Beyond 3 Years: Where a tenant’s rent has expired and still refuses to vacate the rental unit, the tenant is said to be a holdover tenant. In this case, where the landlord fails to issue an eviction notice, and the tenant occupies the property for no less than three years, the landlord cannot issue an eviction notice. A tenant may raise this defense in court to show that the landlord has been complicit and waived his right to evict the tenant when due. The waiver or complicity may be shown by documents showing the tenant’s duration of lease, and the last date of payment of rent. This is according to MN Stat. § 504B.311.
Issuing a Writ of Possession
According to MN Stat. § 504B.345, where an eviction lawsuit is ruled in favor of the landlord, the court will terminate the tenancy agreement, award the cost of litigation to the tenant, and also issue a Writ of Recovery of Possession to the landlord or his attorney.
The writ of possession is backed by a court order that is used to execute the eviction.
Note that either party may appeal the ruling within 15 days after the judgment. When this happens, the writ of possession may be suspended for not more than 7 days – so long as the tenant shows proof that the execution may cause undue hardship or any other extreme circumstances.
Where the ruling is in favor of the tenant, the court will strike out the lawsuit and award the cost of litigation to the landlord.
However, if the landlord proves that the tenant has violated a term of the lease, such as grievously damaging the property, or posing a health or safety risk to others on the property, the tenancy will be terminated without cure.
Executing the Eviction
Where an eviction lawsuit judgment is in favor of the landlord, the writ may be issued to the landlord immediately upon request.
The court’s sheriff would serve a court order to quit on the tenant. Where the tenant fails to comply, the eviction may be done forcefully.
According to MN Stat. § 504B.365, the sheriff may order the tenant to vacate the property within 24 hours. Where the tenant or an adult relative is unavailable to comply, the sheriff or officer of the court executing the writ may break into the property.
After removing the tenant’s properties from the rental unit, it will be stored somewhere else in the direction of the landlord. The tenant shall be responsible for paying off the expenses incurred from storing the removed properties elsewhere.
However, if the landlord has a lien on the tenant’s properties, he may carry out a sale to cover any unpaid cost e.g. rent.
In removing the tenant’s properties, the sheriff must make an inventory of the properties, including a list of items and their condition before removal.
Note that an eviction may be executed within 24 hours to 7 days in Minnesota.
Landlords must handle the tenant’s properties with care or they will incur liability its loss or damage. However, the tenant remains liable to pay off the expenses incurred from storing his/her properties.
Once the tenant is removed, the sheriff will change the lock to the property and hand over the key to the landlord.
Eviction Notice by States
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FAQs
Generally, it takes between 2 weeks to 3 months to evict a tenant in Minnesota. This covers from the lapse of the eviction notice to the execution of a writ of possession.
There are about seven basic steps to evict a tenant in Minnesota. It starts with the landlord issuing an eviction notice in MN, and then filing an eviction lawsuit. The court then summons the tenant, and both parties shall appear for the hearing. The court then gives its ruling after which the landlord will obtain a writ of possession. The court’s sheriff armed with the writ of possession will execute the eviction – forcefully if necessary.
The total cost of an eviction in Minnesota varies depending on the county. However, the average cost ranges from $490 to $550 across district and housing courts.
No. Although you may be able to evict a tenant in Minnesota without having an attorney, it is easier and highly recommended to do so through an attorney.
An illegal eviction in Minnesota is any act of eviction that is prohibited by Minnesota eviction laws. It includes; self-help, retaliatory, and discriminatory evictions.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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